A wise, old personal injury attorney once said "The injured person doesn't make any money on appeal."The reason that appeal is bad for the plaintiff is that the best an appellate court can ever do is to reaffirm something good that has already happened in the trial court. If an injured person or a family whose loved one has been killed due to someone else's fault gets a big verdict, the...
It never ceases to amaze me how big insurance companies and corporations do everything in their power to prevent people from being able to make injury claims when they get hurt.Big businesses use all of their money and leverage to try to pay as little as they can get away with paying in all regards. One of the easiest things for them to do is to limit the rights of regular citizens, "the little...
BY: JOHN M. COOPERThe very first question when someone calls me about a products liability case is do you have the product in question in your possession.The reason this is the first question is that the only way you can win such a case is to have an expert examine the product to confirm that it was defective. If you do not have the actual thing to be tested, then the expert is not in a good...
Our clients often ask us who should I go see after an automobile wreck with a personal injury.The choice of what kind of doctor to go see is up to the individual. There is no right answer. Generally, I, as an attorney, try to stay out of the decision. However, I do give information to folks who have had a personal injury so they can make a more informed choice for themselves. Obviously, if...
Hospital emergency rooms are stretched to the limits, which can lead to medical mistakes.A 1999 study showed that more than half of all preventable hospital error claims result from mistakes in the emergency room (ER). The main problem is chaos. Hospital emergency rooms are not properly funded and they are treating more patients with fewer resources. Part of the problem is more Americans...
The vast majority of car wrecks happen within a 3 mile radius of your home.If you think about it, it is just a matter of common sense that more personal injuries happen near home. You are on the road more near your house than anywhere other than work. Because almost every trip begins and ends near home, that is the place that you are most likely to be hit in your vehicle by the negligence of...
One of the initial questions faced by the victims of other's negligence is whether they should seek medical attention.While the answer to this question is driven by the facts of the particular incident (i.e. the age of the victim, site of the injury, degree of trauma, etc.), early and appropriate medical care will frequently hasten the recovery from a personal injury. This is particularly true...
It never ceases to amaze me how attorneys representing big corporations like CSX Railroad will try to bully and threaten the injured worker and his attorney only to give in in the end when faced with clear law in favor of the little guy.One example of this bluster by railroad defense attorneys has to do with getting a copy of the accident report in an injured railroad worker's case. Over the...
We have all heard a similar joke, even from health care providers, that the last place you want to be if you are sick is the hospital.Hospitals are dangerous places. In addition to infections, there are many other dangers of injury and death posed by hospitals that are preventable. An independent agency has determined that nearly a hundred thousand people die each year because of medical...
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